HOSTILE WITNESS AND THE PATH TO JUSTICE

Abstract

Proper evaluation of adduced evidence is the ancient path to justice in every court proceeding. Receiving admissible evidence involves the production of witnesses and the tendering of documents where necessary. When a witness gives evidence against the interest of the party that called him, the court may declare him a hostile witness for the purposes of cross-examination. This work explores the circumstances that could lead to a witness being declared hostile and the effect on the evidence provided. Employing a doctrinal research methodology, this paper analyzes various works and case laws on the subject. The work finds that while declaring a witness hostile may not affect the evidence received in some jurisdictions, diligent evaluation of a witness before they are called is essential in the search for justice.